Patna High Court
Manager RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted as the petitioner was not in possession of the seized liquor and the confessional statement lacked evidentiary value.
Summary
The petitioner, Manager Rai, was arrested in connection with the seizure of 1,220 litres of liquor and the destruction of 6,000 litres of mahua jaggery solution, with 360 litres allegedly recovered from his kiln. He has seven prior cases under the Excise Act and has been in custody since 29 May 2026. The petitioner sought bail, arguing that the liquor was not in his conscious possession, he is not the owner of the kiln, and the only incriminating evidence is a confessional statement made by another accused while in police custody, which he contends lacks evidentiary value. The State opposed bail, citing the seriousness of the offences under Sections 274, 275, 111 of the B.N.S. and Section 30(a) of the Excise Act, as well as the petitioner’s prior record. The court held that the lack of possession and the unreliable confessional statement warranted bail, and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.500 with two sureties. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail despite prior cases and the nature of the offences.
- Whether a confessional statement made in police custody has evidentiary value.
- Whether the petitioner’s alleged possession of the seized liquor is sufficient to deny bail.
Legislation cited
- B.N.S. — s. 111, 274, 275
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- confessional statement
- police investigation
- seizure
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46732 of 2026
Arising Out of PS. Case No.-572 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manager Rai Son of Late Anarsi Ray R/o Village - Sadha, P.S.- Chapra
Muffasil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 274, 275 and 111 of the
B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of seven cases under the Excise
Act and is in custody since 29.05.2026 and allegation is of
recovery of 1220 litres of liquor from a kiln of four different
accused out of which 360 litres of liquor is alleged to have been
recovered from kiln of the petitioner and 6000 litres of mahua
jaggery solution was destroyed at the spot.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.46732 of 2026(2) dt.10-07-2026
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recovered from his conscious possession and is not the owner of
the seized kiln and he came to be implicated based on
confessional statement of Vijay in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. Rabindra Kumar opposes the bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.500/- (Rupees Five Hundred) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
connection with Chapra Muffasil P. S. Case No.572 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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